PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
http://www.miami.happeningmag.com/happeninglist/ Web Site (the “Web Site” or “The Happening List”) and the websites created on behalf of its affiliates are provided by Happenings Media, LLC (“HM), and/or its affiliates and subsidiaries. Your use of the Web Site is subject to these terms and conditions of use (the “Terms and Conditions”) which may be updated from time to time without notice to you. You can review the most current version of the Terms and Conditions at any time at: http://www.miami.happeningmag.com/happeninglist/rules-regulations/. In addition, when using particular MH owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the Terms and Conditions. You further agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third party beneficiaries to this Agreement.
Description of Services
This Web Site and any of its related features and services, including but not limited to the capability to contribute material (each such submission, a “Contribution”), MH social media platforms, message boards, or other interactive services that may be available to you on or through this site (collectively, the “Service” or the “Services”) are provided to you solely for entertainment purposes. As a user of the Service, you understand and agree that the Service may also include advertisements and offers to purchase products and services that are necessary for MH to provide the Service, and the Service may include certain communications from MH, such as service announcements and administrative messages. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MH properties, shall be subject to the Terms and Conditions. You understand and agree that the Service is provided “AS IS” and that MH assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.
Please read the following section carefully, as it governs your conduct while using the MH Service, and by using the Service, you agree to be bound by these terms.
You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive messages and material that are legal and proper. By way of example, and not as a limitation, you agree that when using the Service, you will not:
- Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a MH official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Terms and Conditions, Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
While MH prohibits the conduct and Content described above in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk. You also agree that you will not collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site.
You acknowledge that MH is not responsible for material submitted to MH or posted to the Web Site by its users. MH is not responsible for pre-screening, monitoring, reviewing or editing the Content posted by users. MH and its designees have the right at its sole discretion, to refuse or remove any Content at any time, in whole or part, that, in MH’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. MH is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to MH. You agree to immediately notify MH of any unauthorized use of the Service or any other breach of security known or suspected by you.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. MH assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to site.
Any or all Content on the Web Site may be purged periodically in MH’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by MH or submitted to MH, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of MH, and MH does not support or endorse Content (including any Contribution, whether or not edited by MH or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
MH may terminate the Web Site and any related services at any time and at MH’s sole discretion.
Restrictions on Use of Material
The content on this Web Site is intended for your personal use. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, sell, reproduces, publish, display, transmit, adapt or in any way exploit the Content, Services, or Web Site. Only if you obtain prior written consent from MH — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
MH sells products and services on behalf of third-party Merchants (as defined below) and also partners with third-party media companies (the “Media Partners”) during the course of providing the services on the Web Site. You must abide by all additional copyright notices or other restrictions contained on the Web Site, or issued by the Merchants, and/or Media Partners.
In operating this site, MH does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or MH mail and e-mail addresses, or in any other way. Any information or material submitted or sent to MH, will be deemed not to be confidential or secret. By submitting or sending information or other material to MH you represent and warrant that the information is original to you and that no other party has any rights to the material.
User’s Grant of Limited License
By communicating with MH, including submitting or sending Content, a Contribution or other information or material to site, you grant MH a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a MH feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to MH.
You also warrant that any “moral rights” in posted materials have been waived.
Merchants, Media Partners, Payment Vendors and Linked Sites
You may be able to link to third parties’ Web Sites (“Linked Sites”) from the MH Web Site which will include but not be limited to the Merchants, Media Partners, and Payment Vendors’ respective sites and properties. Linked Sites are not, however, reviewed, controlled, or examined by MH in any way and MH is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply MH’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall MH be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. MH reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to site. To seek our permission, you may write to MH. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
Intellectual Property Rights
You acknowledge and agree that the Service and the Web Site and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is the property of MH, HM, and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in both advertisements or information presented to you through the Service, Merchants, Media Partners or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MH or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
MH grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MH for use in accessing the Service.
Miami Happening (MH) and Happenings Media (HM) logos are trademarks and service marks of HM and other HM logos and product and service names are trademarks and service marks of HM (collectively, the “HM Marks”). Without HM’s prior permission, you agree not to display or use in any manner, the HM Marks.
MH will work hard to provide relevant local information and make available special offers that we believe you will like hearing about. You will always have the option to opt-out of such communication. We will continue to build your trust by providing you with the best information possible. You can manage all of your email subscriptions and alerts on your profile page to opt-out of these communications in the future or sign up for new subscriptions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
We are committed to protecting your privacy and security.By entering, entrants agree that personal data, including without limitation name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsors in order to verify the participant’s identity, postal address, and telephone number or to otherwise verify the participant’s eligibility to participate in the Contest. Participants have the right to access, review, rectify, or cancel any personal data held by Sponsors by writing to [email protected]
Disclaimer of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, HAPPENING MEDIA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. MH DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
MH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT MH OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL MH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF MH OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MH’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by MH, you agree to defend, indemnify and hold MH, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. MH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MH in asserting any available defense.
MH may provide you with notices by email or postings on the Service.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
MH respects the intellectual property of others, and we ask our users to do the same. MH may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users and prohibit the use of the Service by certain users who may be repeat infringers. If you are a copyright owner or an agent thereof and believe that any Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please send this information to MH via [email protected] You acknowledge that if you fail to comply with all the requirements of this Section 21, your DMCA notice may not be valid.
Independent Contractors. Nothing contained in the Terms and Conditions shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
Choice of Law and Forum. The Terms and Conditions and the relationship between you and MH shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and MH agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bucks in Pennsylvania.
Waiver and Severability of Terms. The failure of MH to exercise or enforce any right or provision of the Rules and Regulations shall not constitute a waiver of such right or provision. If any provision of the Rules and Regulations is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Rules and Regulations remain in full force and effect.
Statute of Limitations. The failure of MH to exercise or enforce any right or provision of the Rules and Regulations shall not constitute a waiver of such right or provision. If any provision of the Rules and Regulations is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Rules and Regulations remain in full force and effect.
Violations. Please report any violations of the Terms and Conditions to MH via [email protected]